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The High Court dismissed the plaintiff's personal injury claim against an airline on grounds of inordinate and inexcusable delay, with more than seven years of inactivity attributable to the plaintiff. The court found the plaintiff failed to advance the proceedings for extended periods, including not responding to requests for particulars and not progressing discovery, despite repeated efforts by the defendants to prompt action. No exceptional justification was offered for the delay, and the plaintiff’s solicitors conceded they had no instructions from their client for several years. The dismissal reflects the court's emphasis on the prejudice caused by the passage of time—especially for a case dependent on oral evidence regarding events that occurred fifteen years ago—and the absence of any 'pressing exigency of justice' to allow the matter to proceed.
dismissal for delay – personal injuries claim – plaintiff inactivity – heavy aircraft landing – Rules of the Superior Courts (RSC) – oral evidence – discoveries – timely prosecution of proceedings – prejudice arising from delay – inordinate and inexcusable delay – costs order – adjournment refused – defendants" right to fair trial – personal injury proceedings – application to come off record
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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